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Bhadharai Pano

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Zanu (PF) Wants More Constitution Negotiation PDF Print E-mail
Written by CZ Correspondent   
Monday, 30 July 2012 11:27

Zanu-PF claims to have endorsed "97%" of the draft constitution but when one looks at the areas in which it says it has contentions, it looks like there are still major disagreements.

Last week the MDC co-chair of Copac, Douglas Mwonzora, said there was no more room for negotiation as the document had been finalised by the management committee, but Zanu (PF) still seems to want to negotiate further.

After a marathon 14-hour session that ended after 2am on Saturday morning, Patrick Chinamasa is said to have reported that his Politburo tasked another group to collate "amendments" into a comprehensive document.

Despite being a member of management committee of Copac Chinamasa seems to think negotiations can go on for as long as Zanu (PF) wants

He still seems to be labouring under the impression that Zanu (PF) can still amend and finalise its document on Wednesday to finalise its position for tabling again to the management committee.

The contentious areas, according to the Sunday Mail, include "national objectives and foundations and the significance of the liberation struggle" - a recognition of the anti-colonial struggle as the cornerstone of the modern Zimbabwean nation.

The appointment of provincial governors, which in the draft constitution recognises the devolution that was demanded by the provinces, is also apparently up for re-negotiation. In the draft a provincial council would recommend two provincial governor candidates for the President to choose one, but apparently Zanu (PF) wants the President to be able to appoint Governors as he pleases since the Governors will be the representative of the President in the Province.

Zanu (PF) is also apparently unhappy about the establishment of the constitutional court and the fact that in order to deploy or maintain defence forces outside the country beyond a certain period the President would have to consult Parliament.

Another area which Zanu (PF) wants to re-negotiate, according to the Sunday Mail is the proposed restructuring of the Attorney-General’s Office which would have taken the prosecutorial powers out of that office and put them in the office of in Independent Prosecuting Agency.

Zanu (PF) thinks the way it is is just fine, with AG Johaness Tomana seemingly persecuting on behalf of Zanu (PF) rather than prosecuting.

Apparently Zanu (PF) also does not like the provision that a Presidential candidate would have to declare who his vice-president is going to be by nominating him or her as a running mate - similar to the US system.

This was seen as a good mechanism to ensure smooth transitions, unlike the current crisis in Zanu (PF) which is causing disharmony.

Zanu (PF) also thinks chiefs should have a representative on the Judicial Services Commission, which appoints or recommends judges for appointment.

Zanu (PF)'s proposal are clearly much less democratic and interested in centralising power and control in the President and, according to the Sunday Mail, Chinamasa is also still reverting back to the rejected notion of the national report that which the MDC rejected because it it did not include the context under which the outreach meetings were conducted.

In other words in some outreach meetings there was obvious intimidation which resulted in distortions in the outcome, but Zanu PF) still wants this "national report" published without the context.

In the Sunday Mail article Chinamasa simply said: “The co-chairs from the MDC formations refused to sign  the "national report" without saying why they refused to sign.

"As far as we are concerned as Zanu-PF, the national report is the yardstick around which the constitution was crafted. That it was not published would not stop us from using it as a yardstick.”

Last Updated on Thursday, 02 August 2012 09:57
 
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